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Atul (nil)     23 May 2013

Agreement for sale of land

I have made an agreement for sale of property (open land) to register (Stamps cost approx 4000/-) in Deputy Registrar Office. The said agreement was valid only for 05 months from date of agreement. But second party did not turn up for buy of said property within the period of 05 months.

Then I arranged to serve a legal notice to second party and asked him to appear for sale of property but again he did not turn up to buy within the time.

The time has gone around 1 and half years from date of agreement.

Now I want to sale the said property to somebody else. May I sale?

Note= Somebody else are saying that the stamps are valid for 3 years so it can not possible upto 3 years from date of agreement. In agreement paper 1st point is duration of sale of property within 05 months only. Please guide.

 

 




Learning

 2 Replies

Advocate Rohit (Advocate)     25 May 2013

you need to get the agreement cancelled by court order so that you may claim the stamp duty refund.

Then you may go for sale of property to the new buyer.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Advocate Ravinder (Advocate/Attorney)     28 May 2013

No need to go to the court for cancellation of agreement. You can make application before the sub registrar or district registrar for cancellation and refund of stamp duty.  From the date of application, you can go for a fresh agreement of sale with new party.  The advance amount you have colected from the earlier agreement will be forefieted and you need not to pay the earlier buryer, since you have given notice already. 


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